H. B. 2108
(By Delegates Susman, Yeager,
Leach and Fleischauer)
[Introduced January 10, 2003; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend article fifteen, chapter seventeen-c of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
forty-six-a, relating to prohibiting any person fourteen years
of age or younger from riding in the back of an open truck;
exceptions; and penalty.
Be it enacted by the Legislature of West Virginia:
That article fifteen, chapter seventeen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
forty-six-a, to read as follows:
ARTICLE 15. EQUIPMENT.
§17C-15-46a. Persons age fourteen or younger prohibited from
riding in open truck bed; exceptions; penalty.
Any driver who transports on a street or highway of this state a person fourteen years of age or younger in a pickup truck, or in
any other vehicle having an open bed for the purpose of hauling
cargo, or in a vehicle towing a trailer with an open bed, while the
vehicle or vehicle-trailer combination is in motion, may not allow
that person to ride in the open bed of the truck, trailer or other
hauling vehicle: Provided, That this section does not apply to
persons riding on the bed of a vehicle while engaged in a parade or
other exhibition event, or while engaged in farm work off of the
streets or highways of the state.
Any person who violates the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than twenty dollars nor more than fifty dollars.
A violation of this section may not be considered by virtue of
the violation to constitute evidence of negligence or contributory
negligence or comparative negligence in any civil action or
proceeding for damages.
NOTE: The purpose of this bill is to prohibit anyone fourteen
years of age or younger from riding in the open bed of a truck or
trailer, except when in a parade or for farm work.
This section is new; therefore, strike-throughs and
underscoring have been omitted.